매매대금반환
1. The Defendant shall pay to the Plaintiff KRW 1,233,750 and interest rate of KRW 15% per annum from December 6, 2017 to the date of complete payment.
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “Co., Ltd.”) was changed to “Co., Ltd. D”; hereinafter “Co., Ltd.”) is a non-listed corporation with 10,000 common shares per share value of KRW 5,00 per share as its capital, and the share certificates are not issued.
B. Of the shares of the non-party company, 1,50 shares of E, 4,500 shares were owned by F, 4,000 shares, and 4,00 shares by G. The Defendant purchased each of the shares from E, F, and G on May 20, 2016.
1. Name of corporation with indication of trade stocks: Type and number of H stocks at Namyang-si: 3,300 won per common share, per 5,000 won;
2. Seller indicating parties to a sale: The plaintiff.
3. The foregoing shares are non-issued shares, and the Plaintiff and the Defendant shall make a decision to sell and purchase the shares at KRW 16.5 million, and the purchase price shall be paid by May 30, 2016.
However, despite the Plaintiff’s failure to pay the purchase price, the Plaintiff, on May 30, 201, transferred the register of shareholders of a company issuing stocks to the Plaintiff on May 30, 2016, has taken over all rights and obligations as a shareholder and is liable for the Defendant to pay the purchase price in full.
C. On May 30, 2016, a sales contract for shares (Evidence A No. 3-1) was formulated between the Plaintiff and the Defendant with respect to the shares 3,300 shares of the non-party company. The details are as follows.
(hereinafter referred to as the “instant contract” and the time-limit contract is referred to as the “instant contract”). D.
① On May 20, 2016, the Plaintiff paid KRW 100 million to the Defendant’s bank account under the Defendant’s name; ② on May 20, 2016, the Plaintiff transferred KRW 15 million to the Defendant’s bank account under the Defendant’s name; ③ on May 31, 2016, the Plaintiff paid KRW 15 million to the Defendant as the subscription price for shares; and the Defendant completed a transfer of ownership of KRW 330 million to the Nonparty Company’s shares.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and Eul No. 2.